1997 Regular Agendas & Minutes

Agenda for the regular Board of Commissioners meeting to be held
in the County Commissioners Hearing Room, First Floor, County-City
Building.Tuesday, April 01, 1997 at 1:30 p.m.

1) MINUTES:
Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, March 25, 1997. (A copy of these
minutes is on file in the Office of the Lancaster County
Clerk.)
2) CLAIMS:
Approval of all claims processed through Tuesday, April 1,
1997, with the exception that the vote of any Commissioner
who might have a conflict of interest in the payment of any
claim shall be deemed an abstention from approval for such
claims alone.
3) ITEMS OF PUBLIC PARTICIPATION:
It is the policy of the Lancaster County Board of
Commissioners to accommodate the public to the greatest
extent possible. Therefore, this agenda has been prepared
with items of greatest public interest at the beginning with
more routine items toward the end as a courtesy to those who
wish to speak with the County Board at this meeting. If you
are here to participate on an item and need special
consideration because of a schedule conflict or some other
problem, would you please let us know now so we can try to
meet your needs.
* Recognition of Arlene Buresh for services with the
Convention and Visitors Bureau (Resolution No.
5478).
4) PUBLIC HEARINGS:
A. A corporate manager application for Robert M. Shull in
connection with a Class M (Bottle Club) and a Class K
(Wine Off Sale Only) liquor license for Firethorn
Investment, a Nebraska Partnership located at 9301
Firethorn Lane, Lincoln, Lancaster County, Nebraska.
B. County Change of Zone Number 139, requested by LeRoy F.
Busboom, from AG Agriculture to AGR Agricultural
Residential, on property located at the northeast
corner of Southwest 112th Street and West Pioneers
Boulevard in Lancaster County, Nebraska (Resolution No.
5479).
5) NEW BUSINESS:
A. A claim in the amount of $3,713.71 filed by
Stephen Speicher for services rendered to
Lancaster County in the course of representing
Kathryn R. Johnston in her claim for Supplemental
Social Incom benefits.
B. A tort claim filed against Lancaster County for Jeanine
Williams, Personal Representative of the Estate of Olga
Machovsky for the wrongful death of Olga Machovsky.
C. Setting of salary for Michelle Schindler, Deputy
Director of the Lancaster County Attention Center for
Youth, at $36,000 per annum, effective April 1, 1997.
D. Addendum to extend a lease agreement previously entered
into between Lancaster County and Caroline Lamphier for
a period of ten years for property located at 721 K
Street.
E. A resolution directing the County Engineer to conduct a
study regarding the vacation of two County roads in the
platted villages of Saltillo and Jamaica (Resolution
No. 5480).
F. A resolution directing the County Engineer to conduct a
study regarding the vacation of the following County
roads in connection with the Burlington Northern and
Santa Fe Railway Company Project near Firth, Nebraska
(Resolution No. 5481):
1. South 82nd Street at the point where South 82nd
Street intersects the Burlington Northern and
Santa Fe tracks approximately one-third of a mile
north of the Firth Road.
2. Pella Road near the Burlington Northern and Santa
Fe crossing located at a point approximately one-third
of a mile east of the intersection of Pella
Road and 82nd Street.
3. Princeton Road near the Burlington Northern and
Sante Fe crossing located approximately one-third
of a mile east of the intersection of South 82nd
Street and Princeton Road.
4. Olive Creek Road near the Burlington Northern and
Santa Fe crossing located approximately one-quarter
mile east of South 82nd Street.
G. Authorization for the installation of the following
traffic signs in Lancaster County, Nebraska (Resolution
No. 5482):
1. On West Pioneers between Southwest 84th Street and
Southwest 98th Street the reverse curve sign will
be moved 400 feet west for westbound traffic; the
reverse curve sign for eastbound traffic will be
moved east of its current location and 40 mile per
hour advisory signs will be located at both sites.
2. On West Pioneers between Southwest 98th Street and
Southwest 112th Street the reverse curve sign for
westbound traffic will be moved west of its
current location; the reverse curve sign for
eastbound traffic will be moved east of its
current location and for mile per hour speed
advisory signs will be located at both sites.
3. On West Bluff Road between Northwest 27th Street
and Northwest 40th Street the reverse curve sign
for westbound traffic will be moved east of its
current location and a 25 mile per hour speed
advisory sign will be added; the reverse curve
sign for eastbound traffic to will be changed to a
right curve sign and at the intersection of West
Bluff Road and Northwest 33rd Street the chevron
sign located furthest north will be removed.
4. A side road sign will be installed for a house
drive on South 190th Street approximately 1500
feet north of Wittstruck Road for southbound
traffic.
H. A grant contract between Lancaster County and Community
Alternatives Nebraska, Inc. to provide funding for the
purpose of providing developmental disability services
at rates specified in the contract. The contract
commences July 1, 1996 and ends June 30, 1997.
I. Keno grant contracts with the following:
AGENCY PURPOSE AMOUNT
Nebraska Human To assist in working with $2,500
Resources Research 20 youth from Juvenile
Foundation Court in a peer project
Lincoln/Lancaster To implement a student $3,500
Family Resource outreach program for 350
Center, Inc. youth
Homestead Girl To assist in implementing $4,000
Scout Council a flexible delivery program
allowing girls to participate
in an after school program
Madonna To assist in creating a $4,000
Rehabilitation model protocol for older
Center adults who voluntarily
relocate to low income
retirement setting
Lancaster County To assist in training $4,700
4-H Board of 30 leaders to present the
Directors "Character Counts" project
Bright Lights, To assist in carrying out $5,000
Inc. its Scholarship Program
for 70 low income youth
Child Advocacy To assist through its $5,000
Center general operating budget
to conduct interviews and
medical exams for children
Rape and Spouse To assist in working with $5,000
Abuse Crisis rural women, women of color
Center and teenagers
St. Elizabeth To assist by providing $5,000
Foundation support for training of
Community Builders leaders
YWCA of Lincoln To assist in the general $5,000
operation of its Parent
Center
J. A utility permit for Peoples Natural Gas in conjunction
with Lancaster County Project No. BRO-7055-93 (14th
Street through Wildneress Park).
K. An interlocal agreement between Lancaster County and
the Lower Platte South Natural Resource District for
grading and replacement of drainage structures located
at West 70th Street and West Agnew Road at rates
specified in the contract.
6) CONSENT ITEMS:
These are items of business before the Lancaster County
Board of Commissioners which have been previously supplied
to each Commissioner in writing, which are relatively
routine and which are expected to be adopted without
dissent. Any individual item may be removed for special
discussion and consideration by a Commissioner or by any
member of the public without prior notice. Unless there is
an exception, these items will be approved as one with a
single vote of the Board of Commissioners. These items are
consideration of:
A. Placing on file of a progress report from Time Warner
for 1996.
B. Setting of a public hearing for Tuesday, April 8, 1997
at 1:30 p.m. in the Commissioners Hearing Room on the
first floor of the County-City Building for an
application for a Corporate Manager License for Jerry
L. Sukup in connection with a Class K (wine off sale
only) and a Class E (beer off sale only) liquor license
for Whitehead Inc. dba/"U-Stop Convenience Shop located
at 6600 North 84th Street.
C. Setting of a public hearing for Tuesday, April 15, 1997
at 1:30 p.m. in the Commissioners Hearing Room on the
first floor of the County-City Building for County
Change of Zone Number 165, from AG Agricultural to AGR
Agricultural Residential, requested by Harry Muhlback,
on property located west of North 56th Street (Highway
77) between Mill Road and Raymond Road in Lancaster
County, Nebraska.
D. Contracts between the Lancaster County Engineering
Department and the following:
LANDOWNER LOCATION AMOUNT
Bryan L. Dahlberg On South 14th Street $175
& Shirley D. near Yankee Hill Road
Dworak
Ronald E. and On South 56th Street $1,005
Shirley Doan near Rokeby Road
(2 contracts)
Eager Homestead On Raymond Road near $235.96
Trust North 70th Street
Randy Warner On Raymond Road near $10
North 70th Street
7) ANNOUNCEMENTS:
A. A public hearing will be held on Tuesday, April 8,
1997 at 1:30 p.m. in the Commissioners Hearing
Room on first floor of the County-City Building
for County Change of Zone Number 171, from AG
Agricultural to R Residential, requested by Paul
Weckle, on property located west of South 96th
Street and north of Panama Road in Holland in
Lancaster County, Nebraska.
B. The Lancaster County Board of Commissioners will not
hold a meeting on Thursday, April 3, 1997; instead they
will hold a meeting on Tuesday, April 1, 1997 at noon
in the Fourth Floor Conference Room of the County-City
Building.
C. A meeting between the Douglas, Sarpy and Lancaster
County Boards will be held on Thursday, April 3, 1997
for the purpose of discussing legislation of common
interest to the counties. The meeting will be held at
Mallet Lodge located at Platte River State Park from 9
a.m. to 2 p.m.
D. The Lancaster County Board has scheduled an information
meeting to prepare for Legislative Bill 1114. The
meeting will be held on Thursday, April 24, 1997 at 7
p.m. in the Commissioners Hearing Room on the first
floor of the County- City Building, 555 South 10th
Street, Lincoln, Nebraska.
E. The Lancaster County Board of Commissioners meeting
which is broadcast live at 1:30 p.m. on Tuesdays will
be re- broadcast at 6:30 p.m. on Cablevision Channel 5.
8) EMERGENCY ITEMS AND OTHER BUSINESS:
9) PENDING:
A. Comprehensive Plan Amendment Number 15 revising the
Lincoln Land Use Plan to change an 18-acre area at the
southwest corner of 56th Street and Pine Lake Road from
Residential to Commercial (Resolution Number 5457).
B. Change of Zone Number 147, from AG Agricultural to AGR
Agricultural Residential, requested by Peter W. Katt on
behalf of Steve Champoux, on property located at the
northwest corner of 134th and "A" Streets in Lancaster
County, Nebraska.
10) ADJOURNMENT:
This agenda, which is kept continually current, is available
for inspection in the Office of the County Clerk in
Lancaster County, Nebraska.
NOTE: An interpreter for the hearing impaired will be
available at the meeting upon request. Please contact the
County Clerk's Office at 441-6336 and ask for Susan Starcher
or Kandra Hahn at least 48 hours prior to the meeting if
this accommodation is required, or if you have any other
special communication needs requiring assistance.
Agenda for a Meeting of the Lancaster County Board of
Equalization to Be Held Tuesday, April 1, 1997 at 1:30 p.m. in
the County Commissioners Hearing Room, First Floor, County-City
Building.
1) MINUTES:
Approval of the minutes of the Board of Equalization meeting
held on Tuesday, March 25, 1997. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 38 additions and deductions to the tax
assessment rolls per Exhibit "A".
3) MOTOR VEHICLE TAX EXEMPTIONS:
Southeast Nebraska Mobile Diagnostic Service, Inc.
4) Appeal filed by MAPCO on real estate for 1984 through 1996.
5) Appeals filed by Pfizer Inc. on personal property.

Minutes

Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Diane Staab, Deputy County Attorney
Kandra Hahn, Lancaster County Clerk
Kerry Eagan, Chief Administrative Officer
1) MINUTES:
Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, March 25, 1997. (A copy of these
minutes is on file in the Office of the Lancaster County
Clerk.)
MOTION: Tussing moved and Campbell seconded approval. On
call Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
2) CLAIMS:
Approval of all claims processed through Tuesday, April 1,
1997, with the exception that the vote of any Commissioner
who might have a conflict of interest in the payment of any
claim shall be deemed an abstention from approval for such
claims alone.
MOTION: Hudkins moved and Tussing seconded approval. On
call Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
3) A resolution was read into the record recognizing Arlene
Buresh for her services with the Convention and Visitors
Bureau (Resolution No. 5478).
4) PUBLIC HEARINGS:
A. A corporate manager application for Robert M. Shull in
connection with a Class M (Bottle Club) and a Class K
(Wine Off Sale Only) liquor license for Firethorn
Investment, a Nebraska Partnership located at 9301
Firethorn Lane, Lincoln, Lancaster County, Nebraska.
Steinman opened the public hearing and asked if anyone
wished to testify in favor, opposition or in a neutral
position.
No one testified.
Steinman noted for the record there were no objections
from the County Sheriff, County Engineer or the
Lincoln-Lancaster County Health Department.
Steinman closed the public hearing and noted action
would be taken at the next meeting to be held on
Tuesday, April 8th.
B. County Change of Zone Number 139, requested by LeRoy F.
Busboom, from AG Agriculture to AGR Agricultural
Residential, on property located at the northeast
corner of Southwest 112th Street and West Pioneers
Boulevard in Lancaster County, Nebraska (Resolution No.
5479).
Steinman opened the public hearing.
Mike DeKalb, Planning Department, appeared and said
Larry Worrell, County Surveyor, had informed him Mike
Rierden, attorney representing applicant, and the
County Engineering Department are continuing to have
discussions regarding the change of zone. He suggested
the item be deferred for two weeks to April 15, 1997.
In response to a question asked by Campbell, DeKalb
explained a public hearing was held in 1994 and the
County Board placed the item on pending so the County
Engineer could work out an agreement with the
applicant.
At the direction of the Chair, the public hearing was
deferred to Tuesday, April 15, 1997.
5) NEW BUSINESS:
A. A claim in the amount of $3,713.71 filed by Stephen
Speicher for services rendered to Lancaster County in
the course of representing Kathryn R. Johnston in her
claim for Supplemental Social Income benefits.
Diane Staab, Deputy County Attorney, appeared and
recommended the notification requirement be waived and
to approve the payment of 25 percent of $3,713.71 which
would be $928.43.
MOTION: Campbell moved and Tussing seconded to waive
notification according to Resolution 4572.
On call Hudkins, Steinman, Svoboda, Tussing
and Campbell voted aye. Motion carried.
MOTION: Campbell moved and Hudkins seconded approval
to pay 25 percent of the claim. On call
Steinman, Svoboda, Tussing, Campbell and
Hudkins voted aye. Motion carried.
B. A tort claim filed against Lancaster County for Jeanine
Williams, Personal Representative of the Estate of Olga
Machovsky, for the wrongful death of Olga Machovsky.
Staab appeared again and recommended the tort claim be
referred to the Safety and Training Officer and to
bring a recommendation back to the County Board.
Joseph Byam, attorney representing Jeanine Williams,
appeared and indicated they would have no objection to
referring the claim to the Safety and Training Officer.
He asked how much time the process takes.
Staab said they could specify that a recommendation be
back to the County Board within 30 days.
Byam voiced no objections.
MOTION: Campbell moved and Tussing seconded to refer
the tort claim to the Safety and Training
Officer and bring a recommendation back to
the County Board in 30 days. On call
Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
C. Setting of salary for Michelle Schindler, Deputy
Director of the Lancaster County Attention Center for
Youth, at $36,000 per annum, effective April 1, 1997.
MOTION: Hudkins moved and Tussing seconded approval.
Kerry Eagan, Chief Administrative Officer, stated the
minutes from the Thursday meeting indicated an
automatic review of the salary in six months and
suggested that be a part of the motion.
Both the maker of the motion and the seconder agreed to
make the automatic review of the salary in six months a
part of the motion.
Dennis Banks, Director of the Attention Center for
Youth, appeared and introduced Ms. Schindler.
ROLL CALL: Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
D. Addendum to extend a lease agreement previously entered
into between Lancaster County and Caroline Lamphier for
a period of ten years for property located at 721 K
Street.
The Clerk said Item 5D had been withdrawn at the
request of the County Attorney.
E. A resolution directing the County Engineer to conduct a
study regarding the vacation of two County roads in the
platted villages of Saltillo and Jamaica (Resolution
No. 5480).
MOTION: Tussing moved and Campbell seconded approval.
On call Svoboda, Tussing, Campbell, Hudkins
and Steinman voted aye. Motion carried.
F. A resolution directing the County Engineer to conduct a
study regarding the vacation of the following County
roads in connection with the Burlington Northern and
Santa Fe Railway Company Project near Firth, Nebraska
(Resolution No. 5481):
1. South 82nd Street at the point where South 82nd
Street intersects the Burlington Northern and
Santa Fe tracks approximately one-third of a mile
north of the Firth Road.
2. Pella Road near the Burlington Northern and Santa
Fe crossing located at a point approximately one-third
of a mile east of the intersection of Pella
Road and 82nd Street.
3. Princeton Road near the Burlington Northern and
Santa Fe crossing located approximately one-third
of a mile east of the intersection of South 82nd
Street and Princeton Road.
4. Olive Creek Road near the Burlington Northern and
Santa Fe crossing located approximately one-quarter
mile east of South 82nd Street.
MOTION: Campbell moved and Hudkins seconded
approval.
Campbell asked Staab to clarify the procedure for
a vacation.
Staab explained the first step is to assign the
request for vacation to the County Engineer to
conduct a study; a public hearing date is set and
finally the public hearing is held.
ROLL CALL: Tussing, Campbell, Hudkins,
Steinman and Svoboda voted aye.
Motion carried.
G. Authorization for the installation of the following
traffic signs in Lancaster County, Nebraska (Resolution
No. 5482):
1. On West Pioneers between Southwest 84th Street and
Southwest 98th Street the reverse curve sign will
be moved 400 feet west for westbound traffic; the
reverse curve sign for eastbound traffic will be
moved east of its current location and 40 mile
per hour advisory signs will be located at both
sites.
2. On West Pioneers between Southwest 98th Street and
Southwest 112th Street the reverse curve sign for
westbound traffic will be moved west of its
current location; the reverse curve sign for
eastbound traffic will be moved east of its
current location and forty mile per hour speed
advisory signs will be located at both sites.
3. On West Bluff Road between Northwest 27th Street
and Northwest 40th Street the reverse curve sign
for westbound traffic will be moved east of its
current location and a 25 mile per hour speed
advisory sign will be added; the reverse curve
sign for eastbound traffic to will be changed to a
right curve sign and at the intersection of West
Bluff Road and Northwest 33rd Street the chevron
sign located furthest north will be removed.
4. A side road sign will be installed for a house
drive on South 190th Street approximately 1500
feet north of Wittstruck Road for southbound
traffic.
MOTION: Tussing moved and Hudkins seconded
approval. On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye.
Motion carried.
H. A grant contract between Lancaster County and Community
Alternatives Nebraska, Inc. to provide funding for the
purpose of providing developmental disability services
at rates specified in the contract. The contract
commences July 1, 1996 and ends June 30, 1997.
MOTION: Campbell moved and Tussing seconded approval.
On call Hudkins, Steinman, Svoboda, Tussing
and Campbell voted aye. Motion carried.
I. Keno grant contracts with the following:
AGENCY PURPOSE AMOUNT
Nebraska Human To assist in working $2,500
Resources Research with 20 youth from
Foundation Juvenile Court in a
peer project
Lincoln/Lancaster To implement a student $3,500
Family Resource outreach program for 350
Center, Inc. youth
Homestead Girl To assist in implementing $4,000
Scout Council a flexible delivery program
allowing girls to participate
in an after school program
Madonna To assist in creating a $4,000
Rehabilitation model protocol for older
Center adults who voluntarily
relocate to low income
retirement setting
Lancaster County To assist in training 30 $4,700
4-H Board of leaders to present the
Directors "Character Counts" project
Bright Lights, To assist in carrying out $5,000
Inc. its Scholarship Program
for 70 low income youth
Child Advocacy To assist through its $5,000
Center general operating budget
to conduct interviews and
medical exams for children
Rape and Spouse To assist in working $5,000
Abuse Crisis with rural women, women
Center of color and teenagers
St. Elizabeth To assist by providing $5,000
Foundation support for training of
Community Builders leaders
YWCA of Lincoln To assist in the general $5,000
operation of its Parent
Center
MOTION: Hudkins moved and Tussing seconded approval.
On call Steinman, Svoboda, Tussing, Campbell
and Hudkins voted aye. Motion carried.
Steinman stated she is on the Board of Directors for
the Child Advocacy Center and asked if the vote could
be taken again so she could abstain.
The Clerk indicated the vote would be set aside.
The maker of the motion stated he would make the motion
that the Child Advocacy Center be excluded from the
original motion. The seconder concurred.
MOTION: Tussing moved and Campbell seconded approval
of the contract with the Child Advocacy
Center. On call Tussing, Campbell, Hudkins
and Svoboda voted aye. Steinman abstained.
Motion carried.
J. A utility permit for Peoples Natural Gas in conjunction
with Lancaster County Project No. BRO-7055-93 (14th
Street through Wilderness Park).
Eagan explained the utility permit was in conjunction
with the County's bridge widening which is what
necessitated moving the pipeline.
MOTION: Tussing moved and Campbell seconded approval.
On call Svoboda, Tussing, Campbell, Hudkins
and Steinman voted aye. Motion carried.
K. An interlocal agreement between Lancaster County and
the Lower Platte South Natural Resource District for
grading and replacement of drainage structures located
at West 70th Street and West Agnew Road at rates
specified in the contract.
MOTION: Hudkins moved and Campbell seconded approval.
On call Tussing, Campbell, Hudkins, Steinman
and Svoboda voted aye. Motion carried.
6) CONSENT ITEMS:
These are items of business before the Lancaster County
Board of Commissioners which have been previously supplied
to each Commissioner in writing, which are relatively
routine and which are expected to be adopted without
dissent. Any individual item may be removed for special
discussion and consideration by a Commissioner or by any
member of the public without prior notice. Unless there is
an exception, these items will be approved as one with a
single vote of the Board of Commissioners. These items are
consideration of:
A. Placing on file of a progress report from Time
Warner/Cablevision for 1996.
B. Setting of a public hearing for Tuesday, April 8, 1997
at 1:30 p.m. in the Commissioners Hearing Room on the
first floor of the County-City Building for an
application for a Corporate Manager License for Jerry
L. Sukup in connection with a Class K (wine off sale
only) and a Class E (beer off sale only) liquor license
for Whitehead Inc. dba/"U-Stop Convenience Shop located
at 6600 North 84th Street.
C. Setting of a public hearing for Tuesday, April 15, 1997
at 1:30 p.m. in the Commissioners Hearing Room on the
first floor of the County-City Building for County
Change of Zone Number 165, from AG Agricultural to AGR
Agricultural Residential, requested by Harry Muhlback,
on property located west of North 56th Street (Highway
77) between Mill Road and Raymond Road in Lancaster
County, Nebraska.
D. Contracts between the Lancaster County Engineering
Department and the following:
LANDOWNER LOCATION AMOUNT
Bryan L. Dahlberg On South 14th Street $175
& Shirley D. near Yankee Hill Road
Dworak
Ronald E. and On South 56th Street $1,005
Shirley Doan near Rokeby Road
(2 contracts)
Eager Homestead On Raymond Road near $235.96
Trust North 70th Street
Randy Warner On Raymond Road near $10
North 70th Street
MOTION: Tussing moved and Campbell seconded approval.
On call Campbell, Hudkins, Steinman, Svoboda
and Tussing voted aye. Motion carried.
ADJOURNMENT:MOTION: Hudkins moved and Campbell seconded to adjourn.
On call Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
Kandra Hahn
Lancaster County Clerk
Minutes
Lancaster County Board of Equalization
Commissioners Hearing Room
First Floor, County-City Building
Tuesday, April 1, 1997
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Diane Staab, Deputy County Attorney
Kandra Hahn, Lancaster County Clerk
Kerry Eagan, Chief Administrative Officer
1) MINUTES:
Approval of the minutes of the Board of Equalization meeting
held on Tuesday, March 25, 1997. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
MOTION: Hudkins moved and Tussing seconded approval. On
call Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 38 additions and deductions to the tax
assessment rolls per Exhibit "A".
MOTION: Tussing moved and Campbell seconded approval. On
call Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
Southeast Nebraska Mobile Diagnostic Service, Inc.
MOTION: Tussing moved and Campbell seconded approval of a
motor vehicle tax exemption for Southeast Nebraska
Mobile Diagnostic Service, Inc. On call
Steinman, Svoboda, Tussing, Campbell and Hudkins
voted aye. Motion carried.
Steinman recessed the Board of Equalization.
Steinman reconvened the Board of Equalization at 2:15 p.m.
4) Appeal filed by MAPCO on real estate for 1984 through 1996.
MOTION: Campbell moved and Hudkins seconded to accept the
County Assessor's recommendation to approve the
protest filed by MAPCO and return the value to
zero. On call Hudkins, Steinman, Svoboda, Tussing
and Campbell voted aye. Motion carried.
5) Appeals filed by Pfizer Inc. on personal property.
Larry Welch, attorney representing Pfizer, Inc., appeared
and said they were protesting a statutory interpretation of
Nebraska Revised Statute 77-201. He stated they felt the
Assessor's interpretation would result in an
unconstitutional interpretation.
He informed the Board that Pfizer acquired certain assets as
a part of a going concern as opposed to a stock purchase.
He explained the Assessor is requesting that at the date of
acquisition they adopt a new cost basis on the property; the
personal property acquired would be assessed based on the
cost basis. Pfizer feels that a proper statutory
interpretation would be to carry over the cost basis from
the previous owner.
Welch said they are looking for an interpretation which
would require all property be uniformly taxed among persons.
Norm Agena, Lancaster County Assessor, said his office needs
to know what Pfizer's acquisition cost was for the personal
property.
Tussing asked about the type of personal property.
Agena stated the personal property is computers, furniture,
fixtures, machinery and equipment.
MOTION: Campbell moved and Tussing seconded to refer the
appeals filed by Pfizer Inc. on personal property
to the County Attorney's office and request the
County Attorney's office review the testimony
with a report back to the County Board on Tuesday,
April 15, 1997. On call Steinman, Svoboda,
Tussing, Campbell and Hudkins voted aye. Motion
carried.
ADJOURNMENT:MOTION: Campbell moved and Tussing seconded to adjourn.
On call Svoboda, Tussing, Campbell, Hudkins and
Steinman voted aye. Motion carried.
Kandra Hahn
Lancaster County Clerk